Western Exploration LLC et al v. U.S. Department of the Interior et al

Filing 119

ORDER denying Plaintiff's ECF No. 109 Motion to Postpone the 2/1/2017 Hearing; denying Defendants' ECF No. 117 Motion to Postpone the Hearing. Signed by Judge Miranda M. Du on 1/26/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 WESTERN EXPLORATION LLC, et al., 10 11 12 Plaintiffs, Case No. 3:15-cv-00491-MMD-VPC ORDER v. U.S. DEPARTMENT OF THE INTERIOR, et al., 13 Defendants. 14 15 The Court has reviewed Plaintiff State of Nevada’s Motion to Permit Supplemental 16 Briefing (“Motion for Supplemental Briefing”) and Motion to Postpone the February 1, 2017 17 Hearing (“Motion to Continue”) (ECF No. 109), the responses thereto (ECF Nos. 115, 116, 18 118), and Defendants’ response and motion to postpone the scheduled hearing 19 (“Defendants’ Motion”) (ECF No. 117). Defendants support the continuance of the hearing 20 to permit the incoming administration time to be briefed and consider whether any 21 supplemental briefing should occur.1 However, the Court has not decided whether to 22 permit supplemental briefing, but will give the parties an opportunity to address this issue 23 at the hearing. The Court agrees with Intervenor-Defendants that the hearing could be 24 instructive on whether supplemental briefing should be permitted. The dispositive motions 25 have been fully briefed and pending for quite some time and due to the Court’s upcoming 26 27 28 1The Court understands the need to brief the incoming administration about this case, but in terms of the issues to be addressed at the hearing, they have been fully briefed so it is unclear what decisions would need to be made at this point. Nor do Defendants explain why the hearing cannot proceed in the meantime. 1 trial schedule, postponing the hearing will result in further delays of several months.2 The 2 February 1, 2017, hearing will proceed as scheduled and if the Court determines that 3 supplemental briefing is warranted, the Court will set a briefing schedule. 4 It is therefore ordered that Plaintiff’s motion to postpone the February 1, 2017, 5 hearing (ECF No. 109) and Defendants’ motion to postpone the hearing (ECF No. 117) 6 are denied. 7 DATED THIS 26th day of January 2017. 8 9 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2Plaintiffs’ motion for summary judgment was filed on April 1, 2016. (ECF No. 67.) 2

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